Infectious Disease of Indianapolis, P.S.C. v. Toney

OPINION

VAIDIK, Judge.

Statement of the Case

Infections Disease of Indianapolis, P.S.C. and Douglas H. Webb, M.D. (collectively, Dr. Webb) bring this discretionary interlocutory appeal challenging the denial of Dr. Webb's motion for summary judgment in a medical malpractice suit filed by Ruth Toney. Dr. Webb claims that Toney has received her full measure of damages from another health care provider and from the Indiana Patient's Compensation Fund and, thus, is collaterally estopped from collecting additional damages from him. Because the designated evidence does not resolve the issue presented,…